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Civil Pre-Trial
Reducing Risk, Cost with Early Case Assessment, by
Jeffrey Beard.
For corporate counsel looking for ways to reduce e-Discovery-related risks and costs, an early case assessment (ECA) may be just what the doctor ordered. Part of an effective ECA is the internal process and procedure validation. Early on, counsel need to get a handle on the data universe, ensure defensible preservation is achieved, and document the steps taken. This article describes few range of analyses depending on the need
Non-Specific.
1 pages. Written:
2008. Added:
10-07-2008.
InsideTech
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Civil Pre-Trial
Working Harder or Working Smarter?, by
Mary Girsch-Bock.
This news should be of particular interest to paralegals, since a large part of their job is preparing deposition summaries. These documents, culled from reviewing and condensing scores of pages of testimony, are vital to attorneys. Attorneys determine what information they are looking for and it’s the paralegal’s job to find that information, which often entails pouring through stacks of documents. It’s no secret that the traditional way of completing deposition summaries is time consuming — it’s just not possible to quickly reduce 200 pages down to 20 pages, while ensuring that the required information is included in the summary.
Non-Specific.
1 pages. Written:
2008. Added:
9-21-2008.
legalassistanttoday.com
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Litigation Support
Litigation 'Software as a Service' (SaaS) Arrives, by
Gene Albert.
Should a firm consider using a 'SaaS' litigation support application? Article discusses the benefits to small and medium-sized firms, and what firms should expect for civil pre-trial practice, e-discovery and practice management.
Non-Specific.
5 pages. Written:
2008. Added:
7-23-2008.
Law Technology Today
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Civil Pre-Trial
Working Harder or Working Smarter? The pros and cons of electronic deposition summaries., by
Mary Girsch-Bock.
There are differing opinions on the advantages of using transcription software. Many attorneys and paralegals remain hesitant to adopt new technology for various reasons. There are scores of software products available that definitely can aid in that preparation.
Non-Specific.
5 pages. Written:
2008. Added:
7-05-2008.
Legal Assistant Today
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Civil Pre-Trial
An Introduction to Early Case Assessment, by
Eric L. Barnum.
Against the backdrop of rising employment claims, many courts are adopting delay
reduction or “fast-track” programs, mandating that cases go to trial within a year of the filing of the civil lawsuit. So early case assessment is essential in the employment litigation context not just to save time and money, but to develop the best litigation strategy in the most efficient way possible.
Non-Specific.
4 pages. Written:
2006. Added:
6-28-2008.
www.schiffhardin.com
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Civil Pre-Trial
Subdue the Costs of Document Review, by
Brett Burney.
Increased discovery costs are forcing a re-examination of how document review is handled. Newer approaches include outsourcing, moving away from hourly attorney billing and computerized selection without human review.
Non-Specific.
3 pages. Written:
2008. Added:
6-24-2008.
Law.com
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Civil Pre-Trial
Impact of ‘Twombly’ on Notice Pleading, by
Jonathan M. Hoff and Martin L. Seidel.
It has been accepted that under the “liberal
pleading requirements” of the Federal Rules
of Civil Procedure, “a complaint should not
be dismissed…unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief.”
Federal.
2 pages. Written:
2007. Added:
4-04-2008.
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Civil Pre-Trial
Considerations Surrounding Motions in Limine, by
Stewart D. Aaron and Susan L. Shin.
This article discusses tactical considerations that are involved in deciding to make, and making, such motions, and in addressing issues that arise after the decisions on such motions. The Federal Rules of Civil Procedure
and the Federal Rules of Evidence also do not address motions in limine.
Non-Specific.
3 pages. Written:
2007. Added:
3-13-2008.
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Civil Pre-Trial
Clumsy Redaction Can Spell Negligence, by
Craig Ball.
Describes difficulties with redacting electronic documents by converting them to TIFF images, blacking out privileged and confidential content, then clumsily attempting to recreate electronic searchability by optical character recognition.
Non-Specific.
3 pages. Written:
2008. Added:
2-24-2008.
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Civil Pre-Trial
Are You Prepared for Your Deposition?, by
Frank D. Granato.
Advice to a client about taking a depostion.
California.
3 pages. Written:
2007. Added:
12-09-2007.
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Civil Pre-Trial
Discovery & Evidence in Breach of Contract Cases: Defining Relevance & an Overview of Objections Not Based on Evidentiary Privil, by
J. Stephen Gibson.
The scope of discovery & evidence in a breach of contract case, at first glance, would seem to be a simple topic not requiring much discussion. As the old
saying goes, first impressions can be deceiving. & perhaps this saying is no truer than in attempting to define the scope of relevant evidence for discovery & trial in an insurance contract case
Non-Specific.
36 pages. Written:
2006. Added:
5-05-2007.
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Alternative Dispute Resolution
Enforcing And Avoiding Arbitration Clauses Under Texas Law, by
Scott M. McElhaney.
Discusses enforcement of arbitration clauses in civil pre-trial procedure under Texas law.
Texas.
30 pages. Written:
2006. Added:
4-09-2007.
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Civil Trial Practice
Proving and Defending Damages, by
Stuart N, Ratzan, David W. Bianchi, Robert J. Aranda, Thomas P. Scarritt, Robert M. Stoler, Bradley R. Johnson.
Articles discuss proving dameges in a variety of civil cases, including personal injury, wrongful death, jury selection and civil pre-trial procedure.
Florida.
140 pages. Written:
2005. Added:
4-09-2007.
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Civil Pre-Trial
The Do’s & Don’ts of Summary Judgment Motions, by
Judge Catharina Haynes.
Remember that your professional reputation is built over a lifetime and can be lost in one day. Mis-citing cases, fudging the facts, underhanded tactics towards opposing counsel, unreasonable positions, frivolous arguments all raise ethics questions and diminish your professional stature over time with only a temporal, if any, gain in the particular case.
Non-Specific.
8 pages. Written:
2005. Added:
4-09-2007.
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Civil Pre-Trial
Managing multinational document productions Litigators should note that E.U. privacy laws may limit the scope., by
Darrell B. Cooper.
In general, cross-border issues tend to act as a multiplier to the complexity of a litigation project. Well-thought-out decisions can bring a daunting project into the realm of manageability while poor initial choices can haunt a project for its duration in extended timelines and ballooning costs.
Non-Specific.
2 pages. Written:
2006. Added:
3-20-2007.
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Civil Pre-Trial
Civil Discovery And Spoliation In Texas, by
A. Michael Warnecke, Brian Collins - Haynes And Boone, LLP.
Describes the consequences of improper document destruction in civil cases. While beyond the scope of this article, in extreme cases, it may also lead to criminal sanctions.
Non-Specific.
43 pages. Written:
2005. Added:
3-16-2007.
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Civil Pre-Trial
Summary Judgments In Family Law Cases, by
Lynne Liberato and Kate David, Haynes and oone.
Although most family law cases are fact driven, summary
judgment can be an effective way to partially or fully resolve some family law matters. This article offers guidance on when to move for summary judgment in
a family law case.
Non-Specific.
4 pages. Written:
2006. Added:
3-16-2007.
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e-Discovery
New Approaches Required for e-Discovery and Metadata, by
Lexbe.
Recent federal e-Discovery rules require that electronic documents be reoutinely retained and exchanged in civil pre-trial litigation. Search will become the predominent method of document analysis. Metadata will become increasingly important evidence.
Federal.
5 pages. Written:
2007. Added:
3-10-2007.
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Health Care
Current Perspectives on Healthcare Governance, a Roundtable Discusson of Experts, by
Stuart Silverman.
Discusses use of expert witnesses in civil pre-trial discovery in helath care matters.
Non-Specific.
11 pages. Written:
2007. Added:
3-08-2007.
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e-Discovery
The Plaintiff’s Practical Guide to E-Discovery, Part I, by
Craig Ball.
EDD is challenging and expensive. But it’s the single greatest litigation advantage for plaintiffs’ counsel willing to learn the ropes and aggressively assert their clients’ rights in civil pre-trial litigation to obtain access to this evidence.
Non-Specific.
23 pages. Written:
2005. Added:
3-08-2007.
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Civil Pre-Trial
Common Sense Trial Preparation In A High-Tech World, by
Elaine L. Spencer, Graham & Dunn PC.
Suggest some approaches that make litigation speedy and inexpensive, including old fashioned common sense to the use and management of today’s technology.
Non-Specific.
12 pages. Written:
2004. Added:
3-07-2007.
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Civil Pre-Trial
Litigating Preliminary Injunctions: Sudden Justice On A Half-Baked Record, by
Kenneth R. Berman, Nutter McClennen & Fish LLP.
How to best prepare for a preliminary injunction. Discusses a moot court of colleagues and other methods of getting the bugs out of a presentation.
Non-Specific.
19 pages. Written:
2004. Added:
3-07-2007.
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e-Discovery
Preserving, Requesting and Producing Electronic Information, by
Lisa M. Arent, Robert D. Brownstone, William A. Fenwick.
This paper discusses the application of discovery rules and common law discovery principles to electronic information issues in civil pre-trial litigation.
Federal.
66 pages. Written:
2003. Added:
2-25-2007.
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